HYSOLID Terms and Conditions

Last update: 17 November 2015

These Terms and Conditions constitute a legal contract binding upon Component Design Corporation (hereafter the “Company”) and HYSOLID User. Please read these Terms and Conditions carefully before using HYSOLID. The User may use HYSOLID upon agreeing to these Terms and Conditions. Also, the User is deemed to have agreed to these Terms and Conditions by actually using HYSOLID.

These Terms and Conditions are provided in multiple languages. If there is an inconsistency or conflict between the Japanese version of these Terms and Conditions and another language version, the Japanese version shall prevail.

“This Service” refers to this Software and related services, including the Software related services provided through Internet servers.

Article 1: User License

The Company hereby grants the User, who has agreed to these Terms and Conditions, a non-exclusive and non-transferable license to use this Software.

Article 2: User Registration

1. Those who wish to use this Service shall, upon confirming and agreeing to this Terms and Conditions, complete user registration with the registration form prepared specifically for the Service.

2. The User must enter their own true and correct data at the registration. Registration by proxy is not accepted in any case.

3. When there is a change in the registered information, the User shall access HYSOLID’s website and change or amend such registered information. The Company will not be held liable for any damage the User suffers as a result of the User’s violation of these two paragraphs.

4. The User must keep the email address and password they have chosen at the registration at their own responsibility and must not allow a third party to use them. The Company will not be held responsible for any damage, etc. arising as a result of the email address and password used by a third party.

5. When this Service is used through the User’s email address and password, the Company may assume that the registered User personally used the Service and attribute any and all consequences of such use to the registered User themselves.

6. If this Service becomes unavailable for the User due to the loss of the email address or password, the Company shall not be held liable for any damage or disadvantages the User may suffer as a result.

Article 3: Service Change and Discontinuation

The Company may change, suspend or discontinue the whole or a part of this Service without notifying the User. The Company shall be exempt from any responsibilities for any damage the User suffers as a result of such changes. This provision shall be applicable to automatic update of this Software or change or suspension of services provided through server software.

Article 4: Intellectual Property Rights

1. All rights pertaining to this Service, including but not limited to copyrights, patents, trademark, and know-how, shall belong to the Company. For the open source components included in this Service, however, the provisions of the applicable license shall prevail.

2. The copyrights, trademark, and all other intellectual rights concerning the contents of this Service shall either belong to the Company or the sources of such contents.

Article 5: Restricted Activities

This Service is a copyrighted work, protected by copyright and other intellectual right laws, and the User is prohibited from engaging in any activities in violation of any of these rights. The User, whether with or without consideration, must not sell, distribute, loan, transfer, or reuse the whole or a part of this software and other part of the copyrighted work.

Article 6: Prohibitions

1. At using this Service, the User is prohibited from:

(1) activities in violation of laws and regulations of Japan and the country or territory where the User stays at the time of use;

(3) activities in violation of social norms and public order and morals;

(4) activities that destroy or interrupt the functions of the Company’s server or network;

(5) activities such as modification, reverse assembling, reverse compilation, and reverse engineering of this software;

(6) the use of this Service for a purpose other than it is originally intended;

(7) activities that interrupt the operation of this Service or discredit the Service; and

(8) any other activities that the Company finds inappropriate.

2. When the use of this Service falls under any of the foregoing prohibitions, the Company may suspend or terminate the provision of this Service to the infringing User.

Article 7: Service Fee Change

The Company may set and/or change the availability of the free use of this Service, the extent of free use, and the amount of service fee (in case it is a paid service) as needed.

Article 8: Advertisement Display

The Company may display advertisements by the Company or a third party on this Service.

Article 9: User Information

The Company might use information pertaining to the User to:

(1) contact the User in response to enquiries;

(2) provide and operate this Service;

(3) notify or inform the User on services and products of the Company or other entities; and

(4) survey, take statistics, and analyze the use trend.

Article 10: Communication Fees

The use of this Service may incur communication fee, etc. based on the rules set out by telecommunication carriers. Such communication fee or other incurred costs shall be covered by the User.

Article 11: Disclaimer

The Company shall not be held responsible for the use or unavailability of this Service, direct and indirect losses arising from the use of this Service, losses due to special circumstances, loss of the User’s data, or lost earnings unless such losses are the results of the Company’s intention or gross negligence. If any contract between the Company and the User concerning this Service (including these Terms and Conditions) constitutes a consumer contract under the Consumer Contract Act, however, this disclaimer provision shall not apply.

Article 12:

If the Company undertakes to indemnify the User for damage, the maximum amount of such compensation shall be the amount received from the said User on the month the damage was incurred except for when such damage is the result of the Company’s intention or gross negligence.

Article 13: Antisocial Forces

When the Company decides that the User is an Antisocial Force (a crime syndicate or its member, an affiliate company or organization of a crime syndicate, an entity involved in such affiliate, an antisocial force or any other entity with similar nature), provides financial or other supports for the maintenance, operation or management of Antisocial Forces, or is in contact or involved in any other way with the Antisocial Forces, the Company rejects the User from using this Service.

Article 14: Amendments

The Company reserves the right to amend these Terms and Conditions as needed without notifying the User. Once these Terms and Conditions are amended, all matters concerning this Service shall be subject to these Terms and Conditions after amendment. By using this Service after amendment, the User is deemed to have accepted these Terms and Conditions after amendment.

Article 15: Governing Law

These Terms and Conditions shall be governed by laws of Japan.

Article 16: Agreed Jurisdiction

Disputes arising in connection with these Terms and Conditions shall be subject to the agreed exclusive jurisdiction of Tokyo District Court for the first instance.